February 2019
Where Do You Want to Live? How Do You Want to Be Cared For?
These are two very difficult questions for most older adults to
answer realistically. The answers we usually hear are “home” and “my
family.” Great, honest answers, but they
may not be realistic. For many reasons, the average single family style home
located in the suburbs and built with steps, standard doorways, and
inaccessible bathrooms may not be an ideal place to live out the final
years. And relying on adult children or
other family members may not be sustainable or even plausible given distance,
competing needs, and nonexistent or uninvolved family members.
Even though it may be unrealistic, many of us leave the answers
as “home” and “my family.” We tend to foolishly believe that we have done
enough planning for our future and that, more importantly, we won’t ever be
someone that needs to make changes to our lifestyles or require any help.
Realistically answering the questions: “Where do you want to
live?” and “How do you want to be cared for in your old age?” requires the
ability to imagine that one day we may be frail, dependent, and/or disabled for
a number of years. We all seem to be
overly optimistic about our aging selves. We deny that the realities of old age
could apply to us. Nursing homes are for other people—the really sick and
really old people, not me, not my spouse. We often hear, “There’s no way I
would want to live in ‘an old folks’ home.” A quick, sudden death is what we
all imagine will be our end, if we even allow ourselves to imagine our death.
Denying the possibility that one day we will need to be cared for
by someone else or that our homes will not be the best match for our needs robs
us of the opportunity to plan and have some actual control over our futures. We
cannot control much of how we age—disease, disability, infirmity happen to us
with little concern for our wishes, efforts, and strong wills; resisting this
reality leaves us unable to plan well for its probable inevitability if we are
lucky enough to reach old age.
Here are some examples of how we see this work scenario play out
in our clients’ lives:
An 88-year-old woman who was recently diagnosed with mild
cognitive impairment lived alone in her home. She is widowed, has one daughter,
and wants to remain in her home of 51 years. She refused to move in with her
daughter, and she would not even consider a personal care home because she
didn’t want “to live around old people.”
Over the last few months, she was having a hard time keeping her
medications straight, started isolating in her home, experienced increasing anxiety,
and called 9-1-1 six times in three months. She eventually was hospitalized
because of dehydration and suspicious blood in her stool, and from the hospital
she went to a rehabilitation facility.
After she was discharged from rehab, her daughter moved her into an
assisted living community. The daughter
began making most of the important decisions for her mom; she chose the
assisted living community, decided to sell her mom’s house, and became the
primary contact for all of her health care providers. Prior to this last
hospitalization, her daughter had tried to get mom to make some proactive
changes. She took her to several assisted living and independent living
communities, set appointments with our office to discuss options and plans, and
even hired an aging life care specialist. Despite these efforts, her mom
refused to consider any changes; she canceled every appointment with our
office, complained about every independent living community, and refused to
meet with the aging life care specialist. She insisted that she was absolutely
fine living in her home alone and that her daughter was just worrying too much.
In the end, decisions were made for her instead of with her, and she lost the
chance to choose for herself.
A 91-year-old veteran moved to an independent living community
after his wife died. He lived there for 13 years but then started experiencing
declining health and mobility issues due to nerve and back issues. He fell
seven times in just three months, and his last fall resulted in a hospitalization
and an inpatient rehab stay. During this
time, his primary care physician told him and his son that he could no longer
live alone. It was too dangerous, and he needed 24/7 supervision. The son was
not surprised—he had been trying to get his dad to look at the personal care
home attached to his independent living community or to hire in-home
caregivers. His dad refused to admit that his condition was changing and that
he needed more care. In the end, his son facilitated a move for him from the rehab community to a personal
care home (not at his independent living community—they were full with a long
waitlist) and reached out to Hurley Elder Care Law to help plan for the VA Aid
and Attendance Benefit. Contacting us at
such a late time restricted how much asset protection planning we could do
given the VA’s recent changes to the Aid and Attendance rules.
The man is having a hard time adjusting to his new home, and his assets are
being spent at a rapid rate on his care expenses. We know this could have ended
up differently for them. He might have been able to stay at his community and
close to the friends he had made over the last 13 years. He might have been
able to qualify for the Aid and Attendance Benefit sooner and started receiving
the $1,881/month benefit to help pay for his care. But this required him to be
willing to engage in planning and thinking about his future care needs.
A 77-year-old woman lived alone in the same apartment for the
last 41 years. She was a busy professional and kept mostly to herself. Her landlord started getting complaints about
her hoarding behaviors and messy apartment; he tried to evict her for hoarding
years ago but her family stepped in to help her. Last year, she stopped paying
her rent and stopped being seen around the community. The landlord called Adult Protective Services
(APS) and started the eviction process again. Help! APS determined that she was a risk to herself
due to self-neglect and an inability to make sound decisions or care for
herself. She was malnourished, dehydrated, and unaware that she had put her housing
in danger. She was sent to the hospital and then to rehab. While she was in rehab, someone filed for
guardianship and the judge named a professional guardian to oversee her affairs
and make her decisions. She recovered well in rehab and then moved back into
her apartment, but she is still a ward and is now fighting for her rights to be
restored. Guardianship is an extreme example of what happens when a person fails to plan, but it is
not rare. It is estimated that there are
over 1.5 million active open guardianship cases in the US. (You can read more
about this woman by clicking here. )
The way we see it play out, by deciding not to plan ahead, have
these difficult conversations, or even imagine the possibilities, you are
relinquishing control of your future. By doing nothing, you are making a choice
to let someone else decide for you one day.
So, where do you want to live if you cannot live in your own
home? How do you want to be cared for? What is important to you? What do you
fear? And what can you do today to be prepared for this possible future that
requires care?
Hurley Elder Care Law guides families through these difficult
conversations, educating them on the options for getting and paying for care,
and then creating a detailed legal, financial, and care plan to plan for that
future. Our phone consultations are
always complimentary. If you’re ready to start this conversation, please call
our office at (404) 843-0121 or email us at info@hurleyeclaw.com. |  |
 Family BusinessHurley Elder Care Law is excited to announce the appointment of our new associate attorney, Jennifer Ghorley, JD. Last week we hosted an open house to welcome Jennifer to our community and there was a great turnout! Thank you to everyone who joined us, including Jennifer’s family! (pictured left)
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Upcoming Speaking Events & Community Presentations Continuing Education (CE)
The VA “Aid and Attendance” benefit is one of the VA’s best kept secrets for retired service men and women. Wartime veterans over 65 or their surviving spouses who are facing the burden of long-term care costs can use the benefit to offset the expenses of in-home caregivers, Assisted Living Community fees and in certain circumstances Independent Living Community fees. The VA has recently implemented comprehensive changes to the rules for qualification. It is now critically important for healthcare professionals to understand the impact of these changes as they assist patients and families with their long-term care options. 5:30 PM- 6:00 PM Registration and Dinner, 6:00 PM- 7:00 PM CE Education, Provident Village at Creekside, 4838 S. Cobb Drive, Smyrna, GA 30080, RSVP: https://providentvillage.eventbrite.com
The VA “Aid and Attendance” benefit is one of the VA’s best kept secrets for retired service men and women. Wartime veterans over 65 or their surviving spouses who are facing the burden of long-term care costs can use the benefit to offset the expenses of in-home caregivers, Assisted Living Community fees and in certain circumstances Independent Living Community fees. The VA has recently implemented comprehensive changes to the rules for qualification. It is now critically important for healthcare professionals to understand the impact of these changes as they assist patients and families with their long-term care options. 11:30 AM -12:00 PM Registration and Lunch, 12:00 PM -1:00 PM CE Education, Optional tour of the community afterwards, Garden Plaza of Lawrenceville, 230 Collins Industrial Way, Lawrenceville, GA 30043, RSVP: gardenplaza2019.eventbrite.com
Community Presentations
Wednesday, February 13 - Join Danielle Humphrey, JD, CELA, for a presentation on "Unequal, Unprepared and Unprotected: Women and Aging" Women often live longer than men, but the downside to living a long life can be a retirement fraught with economic insecurity. Women face unique challenges as they age which are amplified by a lifetime of gender inequity. In fact, more than 50% of women over age 65 face the real crisis of outliving their resources. Learn why women are so susceptible to economic insecurity as they age, understand who are the most vulnerable and explore how you can make a difference for yourself. 2:00 PM-3:00 PM Refreshments and Presentation, Somerby of Sandy Springs, 25 Glenlake Parkway, NE, Sandy Springs, GA 30328, RSVP: Jodi Firestone 770-802-8478 or jfirestone@somerbyliving.com
The options for paying for long-term care are limited. Did you know that Medicare will not pay for home care or Assisted Living Community care? Do you know what Medicaid provides? Most families do not realize their limited options until they are in a crisis—usually when their loved one is about to be discharged from a hospital. Making decisions while in a crisis can be stressful and result in bad choices. This seminar is intended to provide information prior to a crisis. Learn how to best find, get and pay for good long-term care. 10:00 AM- 11:00 AM Presentation, East Cobb Senior Center, 3332 Sandy Plains Road, Marietta, GA 30066. No RSVP is needed. Please call 770-509-4900 for more information.
The VA “Aid and Attendance” benefit is one of the VA’s best kept secrets for retired service men and women. Wartime veterans over 65 or their surviving spouses who are facing the burden of long-term care costs can use the benefit to offset the expenses of in-home caregivers and Assisted Living Community fees. The VA has recently implemented comprehensive changes to the rules for qualification. It is now critically important to understand the impact of these changes and how they affect your long-term care options. 5:30 PM- 6:00 PM- Refreshments, 6:00 PM- 7:00 PM Presentation, Dogwood Forest of Dunwoody, 7400 Peachtree Dunwoody Road, NE, Atlanta, GA 30328, RSVP: https://dogwoodforestdunwoody.eventbrite.com or Dyan Burnstein at (770) 350-7833
Thursday, March 28- Join Jennifer Ghorley, JD, for a presentation on “Tough Conversations: Georgia Advance Directives” at Alpharetta Adult Activity Center Do you know who would be making your healthcare decisions if you were unable to communicate? State regulations about who can step in and make your healthcare decisions may go against what you want. Learn why you need a Georgia Advance Directive for Health Care and what can happen if you don’t have one and cannot express your wishes. Participants will have an opportunity to complete their own Advance Directives. 1:30 PM- 2:30 PM Presentation, Alpharetta Adult Activity Center, 13450 Cogburn Road, Alpharetta, GA 30004. No RSVP is needed. Please call 678-297-6140 for more information.
NEW! Hurley Elder Care Law Quarterly Speaker Series
Tuesday, February 26 - Join Danielle Humphrey, JD, CELA, for a complimentary lunch presentation on "Unequal, Unprepared and Unprotected: Women and Aging" at Hurley Elder Care Law, Galleria Women often live longer than men, but the downside to living a long life can be a retirement fraught with economic insecurity. Women face unique challenges as they age which are amplified by a lifetime of gender inequity. In fact, more than 50% of women over age 65 face the real crisis of outliving their resources. Learn why women are so susceptible to economic insecurity as they age, understand who are the most vulnerable and explore how you can make a difference for yourself. 11:30 AM-12:00 PM Lunch, 12:00 PM-1:00 PM Presentation, Hurley Elder Care Law, 100 Galleria Parkway, Suite 650, Atlanta, GA 30339, RSVP: heclwomenandaging2019.eventbrite.com or 404-843-0121.
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Miles P. Hurley, JD, CELA
Miles P. Hurley founded Hurley Elder Care Law in 2006 to provide legal assistance to the elderly population on issues relating to aging including retaining independence, quality of life and financial security. Mr. Hurley is one of twelve attorneys in the state of Georgia to receive the Elder Law Attorney Certification, and one of approximately 400 nationwide.
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Hurley Elder Care Law is dedicated to the process of long-term care and estate planning. Call us today for a free phone consultation with a client coordinator at (404) 843-0121.
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Hurley Elder Care Law 100 Galleria Pkwy, Suite 650 Atlanta, GA 30339 404-843-0121
Satellite Offices 2011 Commerce Dr. Suite 100, Peachtree City, GA 30269 225 Creekstone Ridge, Woodstock, GA 30188 6340 Sugarloaf Pkwy. Suite 200, Duluth, GA 30097
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